END-USER LICENSE AGREEMENT
Last updated: 1st January 2024
This End-User License Agreement (referred to as the “EULA”) is a legally binding agreement between you, the Licensee, an individual customer or entity, and the Readycade INC, the company, and the author of Readycade, the Software, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors’ liability to you, and shall govern all access to and use of this Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.
Please read this EULA agreement carefully before completing the installation process and using the Readycade software. It provides a license to use the Readycade software and contains warranty information and liability disclaimers.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Readycade herewith regardless of whether other software is referred to or described herein. The terms also apply to any Readycade updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
By clicking “accept” or installing and/or using the Readycade software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
By installing, copying, or otherwise using the Licensed Product (Software), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use Software.
Definitions
“EULA” shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
“Licensee” shall refer to the individual or entity that downloads and uses the Software.
“Licensor” shall refer to the company or author, Readycade INC.
“Software/Licensed product” shall mean Readycade, the Licensed Product provided pursuant to this EULA.
License Grant
Readycade hereby grants you a personal, non-transferable, non-exclusive licence to use the Readycade software on your devices in accordance with the terms of this EULA agreement. The Software is being distributed by Readycade INC. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.
Intellectual Property
You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of Licensor. Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.
Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
Description of Rights and Limitations
Installation and Use: Licensee may install and use the Software on a shared computer or concurrently on different computers, and make multiple back-up copies of the Software, solely for Licensee’s use within Licensee’s business or personal use.
Reproduction and Distribution: Licensee may not duplicate or re-distribute copies of the Software, without the Licensors express written permission.
Licensee Limitation:
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
Use the Software for any purpose that Readycade considers is a breach of this EULA agreement
Gather factual content or any other portion of the Licensed product by any automated means, including but not limited to database scraping or screen scraping; or Reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
Update and Maintenance
Readycade INC shall provide updates and maintenance on a occasional basis or as-needed basis.
Support
Readycade INC has no obligation to Software support, or to continue providing or updating any of the Software.
General Provisions
User-Provided Files
User acknowledges that the BIOS, Rom packs and/or files being installed are provided by the User, and ReadyCade and its affiliates are not responsible for the source, content, functionality, or compatibility of these Files.
Installation at Your Own Risk
The installation and use of user-provided BIOS, Rom packs and/or files involve technical processes that may result in unintended consequences, including but not limited to data loss, system instability, and potential hardware damage. User acknowledges that the installation of user-provided BIOS packs and/or files is undertaken at their own risk.
Technical Expertise
User understands that the installation and use of user-provided BIOS packs and/or files may require technical expertise and knowledge. User agrees to exercise caution and take appropriate precautions, including seeking professional assistance if necessary, to ensure a successful installation process.
Encouraging Ethical Use
Readycade Inc emphasizes the importance of ethical use and adherence to copyright laws. The End User is reminded that the use of unauthorized, pirated, or copyrighted content, including ROMs, BIOS files, and other materials, may infringe upon the rights of third parties and violate copyright laws. Readycade Inc encourages The End User to use only legally obtained content and to comply with all relevant laws and regulations.
Compliance with Laws
User agrees to comply with all applicable laws and regulations governing the use of BIOS packs and/or files, including copyright laws and licensing agreements. User acknowledges that unauthorized use or distribution of user-provided BIOS packs and/or files may lead to legal consequences.
Terminated by the Licensee.
Termination
In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed product.
Accordingly, this EULA may be:
Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
Terminated by Readycade INC; or
Terminated by the Licensee.
Either Readycade INC or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.
Non-Transferability
The Licensee has the option to permanently transfer all rights under this Agreement, provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable by the Licensee without the prior written consent of Readycade INC; and any attempt to do so shall be void.
Notice
Any notice, report, approval or consent required under this EULA shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.
Integration
Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgement of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.
Severability
No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.
Warranty and Disclaimer
Readycade INC, and author of this Software, expressly disclaim any warranty for the Readycade. The Licensed Product and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Software.
Limited Liability
The Licensee agrees that the Readycade INC shall not be liable to Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Readycade INC has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall Readycade INC aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to Readycade INC for the Software.
Indemnification
You hereby agree to indemnify and hold Readycade INC harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against Readycade INC, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.
Entire Agreement
This Agreement rightly constitutes the entire understanding between the Readycade INC and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.
Governing Law and Jurisdiction
This EULA shall be deemed to be construed under the jurisdiction of the courts located in Ontario, Canada, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of Ontario, Canada, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this EULA is made within the exclusive jurisdiction of the Ontario, Canada, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
Agreement to Terms
By proceeding with the installation and use of user-provided BIOS packs and/or files, User acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this disclaimer.
